Harden Jackson Law Firm Blog

Tragedy Brings Up Questions About Child Custody Laws

Leah — Wed, 08 Feb 2012 17:05:38 +0000

This week, we learned of a tragic story out of Utah. Josh Powell, the husband of a missing Utah woman, killed his two sons and himself in an intentional house fire. This horrific act brings up questions about what could have been done to protect these children and the countless others who are caught in a child custody battle.
Powell, who was a suspect in the disappearance of his wife, had lost custody of his sons, yet they were still at his home when he took their lives. Custody in Powell’s case was handled much like many cases — the goal was to remedy the situation that caused the loss of custody while maintaining the relationship of the father and sons. Powell lost custody after his father, Steven Powell, who they were living with, was arrested on child pornography charges in September, police said. Powell had been granted visits with his sons twice per week in his home.
Attorney, Lanae Harden, who chairs the Family Law Practice Group at HARDEN JACKSON, LLC, and has over 15 years experience with Child Custody cases commented that while this situation is very tragic, it is unlikely that a court could have ever predicted something like this. “Unless the child appears in immediate danger and/or the parent has a history of violence, it is very unlikely that a court would not allow the children to have visitation with the parent in their home.” Harden goes on to say “Child custody laws are designed for ‘the best interest of the child’, and typically this means that children should spend time with their parents.”

Read the complete article at: http://www.usatoday.com/news/parenting-family/story/2012-02-07/Powell-tragedy-sparks-questions-about-child-custody/53003130/1

One Sperm Donor, 150 Offspring and the Need for Legal Advice

Leah — Fri, 03 Feb 2012 18:10:35 +0000

In recent news, a sperm donor has led to a topic of debate regarding the need to regulate the number of children each sperm donor should be allowed to father. There is growing concern among parents, donors and medical experts about potential negative consequences of having so many children fathered by the same donor, including the possibility that genes for rare diseases could be spread more widely through the population. Another concern is the increased odds of accidental incest between half sisters and half brothers, who often live close to one another.
Critics say that fertility clinics and sperm banks are earning huge profits by allowing too many children to be conceived with sperm from popular donors, and that families should be given more information on the health of donors and the children conceived with their sperm. They also desire legal limits on the number of children conceived using the same donor’s sperm and a re-examination of the anonymity that cloaks many donors.
Although other countries, including Britain, France and Sweden, limit how many children a sperm donor can father, there is no such limit in the United States. There are only guidelines issued by the American Society for Reproductive Medicine (ASRM), a professional group that recommends restricting conceptions by individual donors to 25 births per population of 800,000.
The number of children born through sperm donation is unknown. The estimated number is between 30,000-60,000, perhaps even more. Mothers of donor children are asked to voluntarily report a child’s birth to the sperm bank, but an estimated 20-40% of them actually report the birth. Most families turn to the registry’s web site, donorsiblingregistry.com, for more information about a child’s half brother or half sisters.
The donors are given a number that identifies them and the children or families can look up how many siblings they have if they registered on the website identifying that donor number as their father also.
There are certainly competing interests at stake: the privacy of the sperm donor and the genetic or mental health concerns of the donor child, as well as concerns that the donor’s offspring will be a result of incest relationships and pose health concerns to those fetuses. The question of whose interests win out is still to be decided.
One major issue of liability and child support still remains in many states. Many states do not use the resources of a lawyer with known or unknown sperm donation arrangements. Often the sperm bank (or clinics) use consents and releases to add protection and limit liabilities in the arraignment. In recent years, there has been cases in which sperm donors that did not have a contract or agreement in place, were deemed financially responsible for the child as well as the intended parent(s). While this area of law is still “grey”, it is a hot topic to discuss amongst assisted reproduction professionals (medical and legal). A word to the wise, protect yourself and be sure that the medical facility, doctors, donors and recipients are all aware of the need for legal analysis of the sperm donation arrangement.

Navigating Surrogacy

Leah — Tue, 31 Jan 2012 17:56:24 +0000

The attorneys at Harden Jackson LLC are dedicated to helping both couples and individuals achieve the dream of building a family. We understand that creating a family through surrogacy may seem daunting. However, we are eager to provide sound legal representation about an often confusing and emotional area of the law.

WHAT IS SURROGACY?

Surrogacy is a method of reproduction whereby a woman agrees to become pregnant and deliver the child for a contracted party.

A Traditional Surrogate is genetically related to the child she is carrying, as she is both the Egg Donor and the Surrogate. This option is not a recommended method due to the ethical, medical and legal complications involved.

A Gestational Surrogate has no genetic link to the child she is carrying. Rather, the egg is provided by either the Intended Mother or an Egg Donor. To begin a Gestational Surrogacy, the Intended Mother or Egg Donor will participate in an egg retrieval process. The eggs of the Intended Mother or Egg Donor are then mixed with the sperm of the Intended Father or Sperm Donor to create an embryo. Finally, one or more of these embryos are implanted within the Gestational Surrogate via In Vitro Fertilization (IVF).

FINDING A SURROGATE, EGG DONOR, AND/OR SPERM DONOR

Generally, Gestational Surrogacy arrangements are set up by Surrogacy and Donation Agencies that match you with a Surrogate, Egg Donor, and/or Sperm Donor. Should you require the services of an Agency, Surrogate, Egg Donor, and/or Sperm Donor you will enter into a separate contractual relationship with each party. Harden Jackson LLC works with numerous professionals who specialize in Gestational Surrogacy and Egg/Sperm Donation, and we will gladly refer you to an Agency that meets your needs. In the event that you are already working with an Agency, we are happy to coordinate with the existing Agency to provide your legal services.

If you have already found a suitable Surrogate, Egg Donor, and/or Sperm Donor, you may choose to proceed without the assistance of an Agency. This type of arrangement is typically referred to as an Independent Surrogacy.

Keep in mind that Gestational Surrogacy is a complex process which is difficult to accomplish successfully without expert assistance. Working with an Agency can often reduce stress, as the Agency will find a qualified Surrogate, source an egg and sperm donor (if necessary), guide you through the medical and psychological components, and provide you support.

RESOURCES

Generally, Gestational Surrogacy is a four-pronged process. Intended Parents typically work with an attorney, a counseling service, a medical provider, and a Surrogacy and Donation Agency. Before you begin the surrogacy process, understand that you will be faced with legal, psychological, and medical issues. By entering into these four relationships, you will receive expert assistance in each component of the surrogacy process. Our office is happy to provide intended parents with a list of recommended counseling, medical, and Agency providers. Before entering in a contract with an agency and committing sums, we suggest you consult with an attorney at the beginning of the process to have the contract with the agency reviewed prior to execution.

SURROGACY LAW

Surrogacy law is a relatively new field, and we recognize that the laws may seem confusing. It is important to note that surrogacy laws vary by state. In fact, surrogacy agreements are prohibited in several states. Indiana law currently holds that all surrogacy contracts are against public policy and are unenforceable. However, Indiana law does not prohibit the act of surrogacy itself and recent rulings by the courts in Indiana have been favorable to surrogacy. It is essential that you consult with an attorney prior to entering into a contract to understand the legal and financial risks associated with the surrogacy process.

Do not enter into an agreement with a Surrogate, Egg Donor, and/or Sperm Donor until you have confirmed the laws of the state in which you, the Surrogate, Egg Donor, and/or Sperm Donor reside

MEDICAL, EMOTIONAL, AND FINANCIAL RISKS

While the surrogacy process is truly thrilling, it is necessary to consider the risks associated with entering into a surrogacy relationship. There is a possibility that the pregnancy may result in a caesarian section, which may subsequently cause a painful and long recovery for the Surrogate. Potentially, additional fees may be incurred to compensate the Surrogate for her pain and suffering, as well as for increased medical expenses.

The risk of premature birth or even fetal death is also present. Further, a variety of other medical expenses may be incurred whereby the Surrogate could be entitled to compensation for medical expenses, as well as pain and suffering. An example of an added expense is the invasive procedure, amniocentesis, which may cause the Surrogate significant discomfort. It is important to contemplate these risks and to create a plan for how you might deal with these situations.

RESPONSIBILITIES

As Intended Parents, both you and the Surrogate will have responsibilities associated with the surrogacy relationship. The Surrogate will be responsible for attending medical appointments and providing you medical release information. You, in turn, will be responsible for prompt payment of expenses as set forth in the contract. Further, the Surrogate may be prohibited from engaging in certain activities pursuant to your agreement. It is advisable to maintain open communication with the Surrogate throughout the various stages of the surrogacy relationship.

If you have any questions on Surrogacy or Egg Donation, please contact our office at 317.569.0770 or www.hardenjacksonlaw.com.

Harden Jackson LLC’s services are focused in Gestational Surrogacy. We do not assist in contractual arrangements for traditional surrogacy arrangements. If you are involved in a traditional surrogacy, we will provide legal services for the adoption process.

Are Prenuptial Agreements a Good Idea?

Leah — Fri, 20 Jan 2012 17:53:56 +0000

We’ve seen a rise in clients seeking prenuptial advice at our law office. Many couples have decided to throw away their romantic ideas for practical, real-life solutions. The fact is that 50% of marriages end in divorce. Add to it that couples are waiting until they are older to marry and therefore probably have more debt and assets going into a marriage. A prenuptial agreement can protect your assets and your future.

We’ve written a few discussion items for partners to think of when entering marriage and entering a prenuptial agreement.

While a prenuptial agreement should include all of the pre-marital investments and assets, it’s important to also include pre-marital debts in the agreement as well. Both parties must disclose their debts and address who is responsible for the payment of those debts.
Even if you think your situation in not complicated, consult a family law attorney. It is imperative that your agreement stands up in court if needed. A prenup that’s thought to encourage divorce or regarded as unfair by the court can be deemed invalid.
If you are already married, you may be able to enter into a postnuptial agreement. You can make the same provisions, but you may have a better financial picture after you have been together as a married couple.

Anyone who has been married knows that marriage can be complicated; marriages change and finances can improve or decline over time. With that said, it is important for individuals to feel financially at peace regardless of what the future will bring. A prenuptial agreement can do just that.

Finding The Right Lawyer – A List of Questions

Leah — Wed, 11 Jan 2012 15:13:38 +0000

Are you considering hiring an attorney? Whether it be divorce, custody, adoption or another legal matter, hiring an attorney can provide guidance through your life’s transitions.

The law office of Harden Jackson offers the following list of important questions to ask an attorney during your initial consultation. These questions can help you choose the best attorney to handle your case. The best attorney isn’t the most expensive or the most experienced. The best attorney is someone who can handle your case in the manner in which you would like and obtain you a fair result at a fair price. It’s critical that you match the experience level and size of the firm your hire with the needs of your case. Know who you are hiring and why you are hiring them. These questions can help you find that person.

Concerning general experience, ask these questions:

1. How many matrimonial cases have you handled?

2. What percentage of your cases are in my county?

3. What percentage of your cases go to trial?

4. How many of these cases involved _____________ [custody, support, business valuations, large financial settlements - whatever issue feels like your major concern]?

5. Are you experienced in ___________ [mediation, arbitration, collaborative divorce, or whatever style of divorce you hope to enter]?

6. Do you have the time to take on a new case now?

7. Do you know the attorney for my spouse?

Ask about day-to-day operations:

1. Who will be assisting you on my case? Can I meet them now?

2. What is the experience of the people assisting you?

3. What work would each member of the team do and what work would you do?

4. Who will attend settlement conferences, meetings, etc.?

5. Who will handle court appearances? What about a trial?

6. If I have questions, whom do I call?

7. What hours are you usually in the office?

8. Do you have any time-consuming trials coming up?

9. Will I get copies of all papers (letters, faxes, legal papers) in my case?

Make sure the fees are clear:

1. What are the billing rates for each team member?

2. Is your fee for trial different from your hourly rate?

3. Do you charge a retainer, and how much is it?

4. What happens when the retainer is used up?

5. Will you keep me informed each month as to how much of the retainer has been depleted?

6. What happens if I get behind on the bills?

7. Can you collect your fees from my spouse?

8. How much am I billed for copies of all relevant documents?

9. What extra fees or costs should I expect besides hourly charges?

10. Am I billed for telephone calls?

11. Do you have a minimum unit of time you bill me for?

12. What is the average fee for a case you handle from start to finish?

Ask these questions about handling the case:

1. What type of input will I have in decisions concerning strategy in my case?

2. How will I be kept informed of all developments?

3. What problems do you foresee arising in my case?

4. Based on your experience, how much do you think my case will cost?

Harden Jackson attorneys understand that each life journey is unique and that your situation is unlike any other. Therefore, our services are designed to provide expert guidance, tenacious advocacy, and effective solutions that ensure you can continue your journey with confidence that you have obtained the best outcome possible.

Harden Jackson Law Founding Partner, Michele Jackson Adopts from Africa

Amber Small — Mon, 09 Jan 2012 17:11:38 +0000

Press Contact:

Leah Potter

HARDEN JACKSON LLC

11450 N. Meridian, Carmel, IN 46032

Phone: 317.569.0770

Email: lpotter@hardenjacksonlaw.com

Web site: www.hardenjacksonlaw.com

For Immediate Release

Harden Jackson Law Founding Partner, Michele Jackson Adopts from Africa

CARMEL, IN – January 6, 2012 – For the past twelve years, Michele L. Jackson, founding member of HARDEN JACKSON, LLC, has educated herself on the adoption process and helped many clients fulfill their dream of becoming parents. Recently, her professional expertise helped her realize that dream for herself. Jackson said, “For as long as I can remember I have wanted to adopt. In recent years, this desire tugged at my heart constantly. In my work, I had walked past thousands of orphans in desperate situations and I knew that one day I would personally adopt.” Her dream came true when she and her husband, CFO of WellPoint, Wayne DeVeydt adopted two beautiful baby boys from the Democratic Republic of Congo.

Having taught many seminars to adoptive parents and adoption professionals and attorneys, she thought she knew what to expect while adopting. While one personal adoption does not represent the entire spectrum of adoption experiences and outcomes, her empathy with the turmoil her clients have gone through in not having “control” of the process certainly increased. Despite her credentials, expertise and experience; she could not control all entities and aspects of the international adoptions process. Her experience and knowledge about “worst case scenarios” prepared her intellectually for the journey, but the worry, anxiety, excitement and love were profound nonetheless. The problems through which she had guided so many others were now her own. She had seen them, she had solved them, but personally dealing with them was another matter. She had to, as she had advised her clients over the years, simply relax, trust and pray.

Jackson adds, “International adoption has myriad unknowns, risks and delays. There are unsuccessful adoptions, delayed adoptions and difficult adoptions. However, I can say with absolute certainty that it is Worth It!”

Jackson works around the world placing children from many different countries. So, why choose DRCongo? Jackson explains, “I’d always had a personal view of my child as being from Latin America. My mind was changed as I walked through the orphanages in Congo. My heart was changed forever and so was the mental picture of my family.”

“The children of the world, from any country, are beautiful children of God. If you have the love to give to give an orphan, you also give hope within the larger human community. Without question, sharing your love and family with a child in need is worth all the amount of worry, concern and anxiety. I am the lucky one.”

A highly regarded legal authority in international family law and adoption, Michele L. Jackson is a founding member of HARDEN JACKSON, LLC. She represents clients interested in domestic or international adoption, and those who are seeking alternative reproductive options such as gestational surrogacy.

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Happy New Year? Maybe not.

Leah — Wed, 04 Jan 2012 19:22:13 +0000

Did you know that January is often labeled “Divorce Month”? Typically, more divorces are filed in January than any other month of the year. There are a number of theories as to why, but our goal is to help prepare you in case January finds you considering divorce.

Forbes magazine has written an informative piece giving an “End-of-Year Checklist for Divorcing Women”. The checklist is not exclusive to women, it applies to men as well. The article focuses on steps you can take to financially prepare yourself to ensure a smoother process.

First, the article recommends collecting your financial documents. This is imperative to have copies of all financial documents. You will need these documents for your attorney for many reasons. They will be used when determining division of assets and debt, child support and more.

Another helpful suggestion from Forbes is to open new accounts in your name at new financial institutions. This includes checking, savings and a credit card account. Securing your own credit is important and will make the transition smoother when dividing up assets.

Finally, Lanae Harden, who chairs the Family Law Practice Group at Harden Jackson offers some of her own suggestions. She reminds you to be reasonable about expectations. Your lifestyle will change. Ultimately there will be two households and two sets of expenses. And the more adversarial your divorce, the more you and your spouse will be spending of your income and assets in order to divide them. Set goals and keep the big picture in mind.

Remember, these suggestions are not meant to be legal advice. You should consult an attorney to discuss the specifics of your situation. If you have questions, you may contact our firm at 317-569-0770 or www.hardenjacksonlaw.com

To view Forbes End-of-Year Checklist for Divorcing Women, go to: http://www.forbes.com/sites/jefflanders/2011/12/06/end-of-the-year-checklist-for-divorcing-women/

Funding your dream of having a family

Leah — Wed, 28 Dec 2011 17:27:17 +0000

Often, in our business, we meet with clients that are desperate. Desperate to achieve their goal of having a family. Fortunately, we can often help them with their plight to have a child. However, one of the most common obstacles intended parents face is money. Utilizing ”non-traditional” methods to become a parent can range anywhere from $5,000-$40,000. Whether adopting, undergoing In Vitro Fertilization (IVF) or obtaining a surrogate, the cost can often prevent parents from realizing their dream.

However, we’ve seen some creative methods for funding a family. Recently, Jessica and Sean Haley decided to use crowdfunding to finance their IVF treatments. What is crowdfunding? Crowdfunding describes the collective cooperation by people who network and pool their money and other resources together, usually via the Internet, to support efforts initiated by other people or organizations.

After three years of trying to conceive, the Haleys were told they only had a 1% chance of conceiving naturally. In June, the couple started a “Help the Haleys Have a Baby” campaign on IndieGoGo to raise funds for their fertility treatments. The campaign managed to raise $8,050, far above the $5,000 they were asking for initially. In July, the couple began IVF treatments that led to Jessica being pregnant. The Haleys aren’t the only couples turning to this crowdfunding option. A quick search on the IndieGoGo website lists over 20 couples and singles requesting funds to help them achieve their dream of having a family.

We love to hear of these creative funding ideas. When money is not an issue it removes at least one obstacle from the path for intended parents and our goal is to make that path as smooth as possible.

To learn more about the Haley’s campaign, go to: http://www.indiegogo.com/babyhaley

DEALING WITH DIVORCE AND THE HOLIDAYS

Leah — Mon, 19 Dec 2011 04:25:19 +0000

The holidays are a time of year typically spent with family. However, if you are in the middle of a divorce or custody battle, the holidays may be not so merry. With more than 15 years experience as a divorce attorney, Lanae Harden, who chairs the Family Law Practice Group at HARDEN JACKSON, LLC, offers the following suggestions:

1. Be flexible. You may have traditions that you enjoy that need to be changed a little. Also, be realistic about sharing parenting time with your ex-spouse. Enjoy the time you do have and be present for each moment.
2. Start new traditions. Now that life has changed, create a new family tradition that you can share with your children. Create positive memories for them, even if you aren’t feeling your best. Besides, if your children are happy, your mood will improve.
3. Plan ahead. Be sure to plan parenting time with your ex-spouse so there are no surprises. It will make the holiday season much less stressful for you and your children.
4. Don’t isolate yourself. If you don’t have plans during the holidays, make them. Ask a friend or other family member to join in their celebration, plan a celebration at your house or treat yourself to dinner out.
5. Prepare your children. Talk openly and honestly to your children about the holiday plans and encourage them to have a great time with the other parent.

Divorce can be difficult during the holidays, but it can also be a time of creating new experiences for your children and you.

Attorney Laura M. Taylor Joins Family Law Practice Group

Leah — Wed, 05 Oct 2011 15:29:53 +0000

Harden Jackson is pleased to announce that attorney Laura M. Taylor has joined the firm’s Family Law Practice group. Laura received her Juris Doctor from Indiana University School of Law, Bloomington, in 1996. She completed her undergraduate studies at Vanderbilt University.

Laura is an experienced civil litigator and has previously practiced at one of Indiana’s largest law firms where she handled a variety of cases in state and federal courts. She also has extensive knowledge of real estate and contract law, having represented clients in complex transactions.

Her litigation experience also includes appellate work for clients through Marion County, where she addressed numerous state and federal constitutional issues. Most recently, Laura has worked for the Indiana State Medical Association advising physicians, medical providers and patients on issues involving health care law.

Laura has previously served as a judicial clerk for the Honorable Ezra Friedlander at the Indiana Court of Appeals. At Harden Jackson, she utilizes her extensive appellate and litigation experience to assist divorce and family law clients, especially those seeking aid in appellate issues and those in medical and health care professions.

When she is not practicing law, Laura is a busy volunteer. She is an active parishioner at St. Paul’s Episcopal Church where she has served as a church vestry member, a counselor for engaged couples, and a Sunday School teacher. Laura is also involved in a number of community activities. She has been a member of the board of directors of The Children’s Corner, a pre-school affiliated with St. Paul’s Episcopal Church, and is a member of The Guild of The Children’s Museum of Indianapolis and a member of The Guild’s Hospital Outreach team. She is an accomplished athlete who played tennis for Vanderbilt University and has worked as an assistant teaching professional at the Indianapolis Racquet Club. She also has been a long-time youth soccer coach at the Jewish Community Center and Meridian Street United Methodist Church.

Laura is happy to be a member of Harden Jackson’s team and is currently accepting new client inquiries. She’s also looking forward to networking with other attorneys and professionals to develop referral relationships.

Laura resides in Indianapolis with her husband and three children.